Oklahoma, like many midwestern states, takes the Second Amendment right to bear arms very seriously, with over half of all households reporting there is a firearm in the home. However, if you are convicted of a felony offense in the Sooner state, you’ll find that, along with other rights, your right to bear arms is revoked. As such, if you are found in possession of a firearm following your felony conviction, you can face intense penalties, including a new felony conviction and a minimum of two years in prison. Due to the nature of these crimes, they are aggressively prosecuted in Oklahoma County courts and the surrounding areas. The following blog explores what you should know about these matters and why working with an Oklahoma City gun crime lawyer is imperative during these difficult times.

If I’m Charged With a Felony, Can I Own a Firearm?

Despite the gun-friendly environment of Oklahoma and the right to bear arms as protected by the Second Amendment, it’s important to understand that once you are convicted of a felony offense, you will relinquish the right to own and carry a firearm.

This law is prohibited for a number of reasons, but mainly because the government feels as though those who cannot abide by the law should not be trusted to own a weapon. This is especially true for those who are convicted of violent crimes, as they could pose a threat to the public if they could legally purchase a firearm.

It’s important to understand that it’s not only illegal for a felon to purchase and possess a firearm in Oklahoma City and the surrounding areas; the vendor responsible for providing the firearm can also face criminal charges.

While some states may allow those with non-violent felonies to apply for the right to own a firearm, this is not true in Oklahoma. The state specifically notes that anyone convicted of any felony offense within the United States is expressly prohibited from owning a firearm unless they have been given a full pardon by the Governor or President. As such, regardless of the felony charge against you in Oklahoma, you cannot possess a firearm.

Key Firearm Restrictions for Felons in Oklahoma

  • Convicted felons are prohibited from possessing, owning, purchasing, or controlling firearms in accordance with Oklahoma law
  • This applies regardless of whether or not the felony is considered violent or non-violent
  • The restrictions will apply unless a full pardon restores firearm rights
  • Federal law (18 U.S.C. § 922(g)) also prohibits firearm possession nationwide
  • Third parties can face criminal consequences for knowingly transferring firearms to felons

What Happens If I’m Found in Possession of a Firearm as a Felon?

If you are found with a weapon on your person as a convicted felon, you can face serious charges. Generally, this is a felony crime in and of itself, carrying a minimum of two years in jail. However, if your prior felony offense was violent, this increases the sentence to ten years behind bars. In addition to time spent in jail, you can face up to $10,000 in fines for this offense.

You should know that this also applies to constructive possession. This means if you are found in a home that has a firearm, even if it is not on your person, you can be charged. As such, you should do everything you can to avoid being in this position.

Penalties for a Felon Found in Possession

  • Can face a mandatory minimum of two years in prison, with the potential of up to 10 years (common for those with prior violent offenses)
  • You may face a fine of up to $10,000
  • Additional consequences include:
    • Extended probation or parole
    • Impact on your permanent criminal record
    • Increased difficulty obtaining housing or employment

What Is Constructive Possession?

Constructive possession is a legal doctrine that is used to establish that someone was in control of an item even if it was not physically on them at the time. As such, you can be charged with possession of a firearm after a felony conviction even if you are not physically holding it.

  • You can face charges if:
    • The firearm is found in your home, vehicle, or property
    • You know where the weapon is and have access to it
  • In order to charge you, the prosecution must show that you had knowledge of the location of the firearm and the ability to access or control the weapon

In most cases, the prosecutors only need to prove that you knowingly had access to or control over the firearm following a felony conviction to secure a charge. This means that even indirect contact with a firearm can be incredibly dangerous.

Are There Any Exceptions or Ways to Restore Gun Rights in Oklahoma?

If you are convicted of a felony offense in Oklahoma City and wish to restore your right to own a firearm, it’s important to understand that this is not a simple process, and the circumstances under which rights can be restored are incredibly limited.

Legal Ways Firearm Rights May Be Restored in OKC

  • Receipt of a full gubernatorial pardon
  • Receipt of a presidential pardon
  • Expungement (limited, does not always result in the restoration of firearm rights)
  • Court review, depending on the specific circumstances of your case

Contact an Experienced Oklahoma City Criminal Defense Attorney

A felony conviction in Oklahoma can have intense impacts on your life and make subsequent crimes even more severe. As such, it’s in your best interest to connect with an experienced criminal defense attorney from the Jones Firm, PLLC as soon as possible. We understand how complicated these issues can be, which is why it’s imperative to contact a member of our team as soon as possible. When you’re in legal trouble, we can help.